Interference No. 103,036
change," is a generic expression which embraces three
embodiments, "color to colorless," "colorless to color," and "one
color to a second color." Since the three embodiments are not
patentably distinct from each other, the generic expression
"color change" is considered to constitute a sufficient written
description of the three embodiments. Cf. Bigham v. Godfredsen,
857 F.2d 1415, 1417, 8 USPQ2d 1266, 1268 (Fed. Cir. 1988) ("The
generic term 'halogen' comprehends a limited number of species,
and ordinarily constitutes a sufficient written description of
the common halogen species provided that there is no patentable
distinction among them.").
In item 12, the motion urges that the Burroughs et al.
specification does not contain a written description for the
“temperature insulating material" and the "thermal insulation
material" limitations of reissue claims 39 and 46. The motion is
denied for the reasons set forth above in the denial of items 5,
6, and 8, supra.
In item 13, the motion urges that the Burroughs et al.
specification does not contain a written description for the
"stand-offs" limitation of reissue claim 47, i.e., "the means to
provide thermal insulation comprises standoffs on the dielectric
layer adjacent the battery can, wherein the standoffs, the
dielectric layer, and the battery can define an air pocket." The
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